Hi
I recently took on a tenant on a 12 month AST, however due to unforseen circumstances I am considering ending the tenancy.
I dont have a 6 month break clause, but can I end the tenancy sooner by issuing a S21 notice?

Currently I do not have legal reasons for doing this i.e. rent arrears

Thanks for your help

mind the gap

24-03-2009, 14:32 PM

Hi
I recently took on a tenant on a 12 month AST, however due to unforseen circumstances I am considering ending the tenancy.
I dont have a 6 month break clause, but can I end the tenancy sooner by issuing a S21 notice?

Currently I do not have legal reasons for doing this i.e. rent arrears

Thanks for your help

No; a s21 is only operable only at the end of the fixed term.

Unless you can agree a surrender with your tenants (presumably by giving them a substantial financial incentive to move out so early in the tenancy), then you are legally bound to house them for the whole of the fixed term; that is the whole point of the contract you both signed. The fact that your circumstances have now changed is legally irrelevant.

However if you do try to agree a surrender, you must not put pressure on them lest it seem that you are trying to evict them. If they go, it must be of their own free will and on their terms, not yours.

jeffrey

24-03-2009, 14:55 PM

...and, if terms of surrender are agreed, embody them in a formal Deed (executed by L and T):
a. to evidence the transaction; and
b. to avoid the risk of later allegations against you.

Paul Gibbs

24-03-2009, 16:05 PM

are you able to say why you need the property back. Some of the mandatory grounds within s8 may allow you to get possession back early - see other threads.